DIRKS
v.
SECURITIES AND EXCHANGE COMMISSION

U.S. | 1982-11-15
No. 82-276
459 U.S. 1014 Supreme Court of the United States (1982) Positive Treatment
Cited by 10 cases

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  • …oard’s order and remanded for consideration of whether the General Counsel had proved by a preponderance of the evidence that Santillo would not have been fired had it not been for his union activities. 674 F. 2d 130 (1982). We granted certiorari, 459 U. S. 1014 (1982), because of conflicts on the issue among the Courts of Appeals.3 We now reverse. Employees of an employer covered by the NLRA have the right to form, join, or assist labor organizations. NLRA § 7, 29 U. S. C. § 157. It is an unfair labor pra…
  • …burdens and order of proof in a “mixed motive” case, or in cases where an employee contends that an employer’s otherwise legitimate act masks an impermissible purpose. See NLRB v. Transportation Management Corp., 674 F. 2d 130 (CA1), cert. granted, 459 U. S. 1014 (1982). The Board’s position on this question has not always been entirely clear. Some early Board opinions noted, as alternative rationales, that union officials have a greater duty than the rank and file to uphold a no-strike clause. Compare Univ…
  • Dirks v. Sec. & Exch. Comm'n, 463 U.S. 646 (U.S. 1983)
    …t of any obligations he acquired” as a result of receiving the information. Id., at 325, 681 F. 2d, at 840. In view of the importance to the SEC and to the securities industry of the question presented by this case, we granted a writ of certiorari. 459 U. S. 1014 (1982). We now reverse. [*653] H-H I — I In the seminal case of In re Cady, Roberts & Co., 40 S. E. C. 907 (1961), the SEC recognized that the common law in some jurisdictions imposes on “corporate ‘insiders,’ particularly officers, directors, or…

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